Section 18(1) of the Australian Consumer Law (ACL) provides that: A person must not in trade or commerce engage in conduct that is misleading or deceptive or is likely to mislead or deceive. This section of the ACL has a major impact on how businesses in Australia engage in commerce. But what exactly classifies as […]
Author Archive | Equitas Lawyers
Charged and in Custody: Applying for Bail
When a person is taken into custody and charged with an offence, most of the time it is a new and unexpected experience. There are usually lots of questions from the person arrested as well as their family or friends. The most common questions we get asked about applying for bail are: What is bail? […]
Options to Renew in Leases – Mark that Calendar!
Commercial leases and retail shop leases commonly contain options to renew. However, many tenants and landlords are not 100% sure about how options to renew work. In our experience, when it comes to options to renew, there are two common questions people have: If I have an option to renew in my lease, does the […]
Changes to Ministerial Intervention Policy
Under migration legislation the Minister for the Department of Immigration and Border Protection (Minister) has powers to intervene in an applicant’s case that has been unsuccessful in the Administrative Appeal Tribunal, and to substitute that decision with a favourable one if the Minister feels it is in the public interest to do so. In many […]
457 nominations and Customer Service Manager positions
Under a Subclass 457 Temporary Work (Skilled) visa nomination application (457 Nomination), one of the multiple criterion for approval of a 457 Nomination is that the position nominated in the 457 Nomination is a genuine position within the nominator’s business. The Department of Immigration and Border Protection (DIBP) generally takes a sceptical view of any […]
Do you believe you’ve missed out on your inheritance?
When someone dies, often one of the first things to happen is to establish whether or not the deceased left a will. If they did, the person named as the executor would generally apply for a grant of probate and, on receiving it, would facilitate the distribution of assets according to the wishes of the […]
Dying Before Divorce – Divorce & Estate Planning
Separation from a partner where there are little to no chances of reconciling involves more than just family law – it has estate planning consequences too. While you might not feel the need to apply for a divorce for personal reasons (if your relationship is amicable or you don’t plan on getting married again), if […]
Proposed changes to family sponsored visas that will impact sponsors
Under Australia’s current immigration system, sponsorship for family visas is assessed and combined with the applicant’s visa criteria which means there is no distinct mechanism for sponsorship assessment. The specific requirements pertaining to sponsorship varies depending on the type of family visa, however, for most visas, such as a partner visa, there are minimal checks […]
Property purchase – can I call it off?
It is almost unheard of for residential land sale and purchase contracts in Western Australia to have a cooling-off period within which the contract can be cancelled by the buyer. In Western Australia there is no statutory cooling-off period unless one is inserted into the contract before it is signed by the parties. Similarly, real […]
Unlawful non-citizen (and certain bridging visa holder) partner visa applicants – Recent case affects interpretation of partner visa criteria.
Criteria for a Temporary Partner visa (Subclass 820) application requires that the applicant must hold some kind of substantive visa at the time of the application, or they must satisfy the criteria referred to in Schedule 3 of the Migration Regulations (primarily, that the applicant has applied for a new substantive visa within 28 days […]
